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1993F09- KBL CABLESYSTEMS OF THE SOUTHWEST, INC.ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO KBL CABLESYSTEMS OF THE SOUTHWEST, INC., DB/A PARAGON CABLE TO FURNISH CABLE TELEVISION AND RELATED SERVICES AND SETTING FORTH THE TERMS AND CONDITIONS THEREOF WHEREAS, the citizens of the CITY OF SCHERTZ, Texas (the "City") have been served for some time by KBL Cablesystems of the Southwest, Inc., d/b/a Paragon Cable, and its predecessors, with cable television and related services pursua~}t to a franchise originally granted by the City on ~fv,u ~`° , 19~ (the "Original Franchise"). WHEREAS, the Original Franchise is scheduled to terminate on ~H~lvist~ar~~. , 1993; WHEREAS, the City Council has found that it is in the public interest for the citizens of the City to have access to cable television and related services; and, WHEREAS, it is the best interests of the citizens of the City that the City Council authorize the franchise set forth in this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS (hereinafter, the "City"): SECTION 1. Short Title: Definition This ordinance shall be known and may be cited as the City of Schertz, Texas Paragon Cable Television System Franchise Ordinance of 1993. Capitalized terms not otherwise defined herein shall have the meanings set forth on Exhibit A attached hereto and made a part hereof. SECTION 2. Grant of Franchise. The City hereby grants to KBL Cablesystems of the Southwest, Inc., a Texas corporation d/b/a Paragon Cable (hereinafter, together with any successor permitted hereunder, the "Grantee"), under the terms and conditions of this franchise, the non-exclusive right and privilege to erect, construct, maintain and operate in, upon, along, across, over, above and under the streets of the City, and all extensions and relocations of, poles, wires, cables, underground conduits, manholes and other conductors and fixtures necessary for the maintenance and operation of a Cable System and the distribution of Cable Services. SECTION 3. Franchise Term. The franchise and the rights, privilege and authority hereby granted shall take effect and be in force as of the Effective Date and shall continue in force and effect for a term of fifteen (15) years. SECTION 4. Transfer of Franchise: Sale of Grantee. a. Subject to Section 4b, this franchise shall be held in personal trust by the Grantee. No interest in this franchise shall be assigned, transferred, sold or disposed of and no sale, merger, consolidation or transfer of controlling ownership interest in the Grantee shall be permitted without the prior written consent of the City and then only upon such conditions as may be prescribed to guarantee the continued performance of the terms of this franchise by the Grantee's successor. The Grantee shall be authorized to change its name at any time and, subject to the requirements of the following sentence, may transfer this franchise to any entity which is a wholly-owned subsidiary of the Grantee or which is wholly-owned by the Grantee's owner or owners. The transfer to a related entity described in the preceding sentence may be effected by the Grantee if the Grantee establishes to the reasonable satisfaction of the City that the transferee entity is sufficiently capitalized and experienced to operate and maintain the Cable System under the terms of this franchise. The Grantee shall give notice to the City of any such proposed change of name or transfer to any entity with such common ownership with the Grantee or a subsidiary of the Grantee at least sixty (60) days before the effective date of any such change or transfer. Any attempt to assign, transfer, sell, or dispose of this franchise or an interest in the Grantee except under the conditions of this Section 4a shall be void. b. The Grantee may assign, mortgage or pledge its interest or equity in the Cable System authorized by this franchise, or any part thereof, in connection with the financing of improvements or extensions to the Cable System authorized by this franchise, or as a general pledge of all the assets of its parent corporation, or those of its successors in interest, to provide major funding for its parent corporation. SECTION 5. Franchise Territory and Line Extension Policy. This franchise shall be for the present territorial limits of the City and for any area hereafter added thereto during the term of this franchise. The Grantee agrees to extend Cable Service to all areas within the corporate limits of the City which have a housing density which is or becomes twenty-five (25) dwelling units or more per street mile. The Grantee shall extend Cable Services to such areas and to areas annexed by the City subsequent to the Effective Date within twelve (12) months after the City notifies the Grantee that housing density in such area has reached twenty-five (25) dwelling units per street mile in such areas. 2 SECTION 6. a. The Grantee shall have the right to use the streets of the City for the construction, operation and maintenance of the Cable System as prescribed, regulated and limited by provisions of this franchise and by local, Texas and federal law, as in effect from time to time. h All transmission and distribution structures, lines and equipment erected by the Grantee within the legal boundaries of the City shall be so located as to cause minimum interference with the proper use of streets and to cause minimum interference with the rights and reasonable convenience of property owners whose properties adjoin such streets. c. In sections of the City where the cables, wires and other like facilities of public utilities are placed underground, the Grantee shall place its cables, wires or other like facilities underground. d. The Grantee shall comply with all permitting requirements of the City, including the payment of all permit fees and notice requirements, in connection with any proposed cut or disturbance of City streets. In case of the disturbance of any street, paved area or landscaped area by the Grantee, the Grantee shall, at its own cost and expense and in a manner approved by the City, replace and restore such street, paved area and/or landscaped area to as good condition as before the disturbance. If such restoration or replacement is not completed within thirty (30) days of the date of disturbance, or if the completed work is found by the City to be unsatisfactory, the City may repair or replace the inadequate work or complete the unfinished work and bill the Grantee for the cost of such work, including but not limited to the cost of labor, materials, supervisions, and overhead. During the term of this franchise, the Grantee shall maintain the integrity of any paved surface over the Grantee's facilities, but only to the extent that such paved surfaces have been restored by the Grantee or by the City on the Grantee's behalf. e. If at any time during the period of this franchise the City shall elect to alter or change the grade of any street or construct any other public works which will disturb the cables or other facilities of the Grantee, the Grantee, upon reasonable notice by the City, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures, as the case may be, at no expense to the City. f. The Grantee shall, on the request of any person holding a moving permit issued by the City or the State of Texas, temporarily remove, raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the Grantee shall be authorized to require payment in advance. Such payment shall not exceed the Grantee's cost. The Grantee shall arrange for such temporary wire changes prior to the expiration of six (6) days from the date notice is given to the Grantee by the person holding the moving permit. g. The Grantee shall have the authority to trim trees upon and overhanging streets and easements of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee, except that at the option of the City such trimming may be done by the City or under its supervision and direction at the expense of the Grantee if the Grantee has failed after two (2) weeks' notice by the City to perform such work. The City may at any time with the Grantee's concurrence perform such work at the Grantee's expense. h. If during the term of this franchise, the City grants approval of plats for new developments, the City may notify the Grantee or advise the developer to notify the Grantee of the timing of construction and location of trenching of righta- of-way and give the Grantee reasonable opportunity to place cable in such trenches. The City will promptly provide the Grantee with copies of all plats for new developments approved by the City during the term of this franchise. i. If at any time during the term of the franchise, the Grantee's cables, wires or other equipment or facilities should be damaged or destroyed, the Grantee shall promptly and (except for damage or destruction resulting from the gross negligence of the City or its employees) at the Grantee's expense and without cost to the City repair and restore such cables, wires or other equipment or facilities. Nothing herein shall prevent the Grantee or the City from seeking recovery, reimbursement or contribution from any third party which may have caused or contributed to the Grantee's or the City's damages or expenses. j. Whenever possible, the Grantee will bore, rather than trench, to minimize disturbance in paved areas. The Grantee assumes responsibility for establishing to the City's reasonable satisfaction that trenching, rather than boring, is the most effective means of equipment installation, taking into account street construction and maintenance, due either to cost, maintenance or liability. The City agrees that approval to trench will not be unreasonably withheld. The Grantee will perform work involving disturbance of paved areas following approval from the City's Public Works Department. The Grantee, upon prior notice before paving, shall install conduit under street intersections during their construction and otherwise install cable during the development of subdivisions to avoid subsequent cutting of streets. SECTION 7. Franchise Fees. a. In consideration of the grant of this franchise under this ordinance, the Grantee shall pay to the City annually the greater of five percent (53'0) or such percentage permitted by applicable federal law of the Grantee's Gross Revenues derived from or attributable to the Cable System authorized by this franchise. Such payment shall be in addition to any ad valorem, sales or other taxes, license fees, permit fees or other fees or charges levied or charged by the City on the Grantee, or agreed upon contractually elsewhere in this franchise or by separate agreement. The payment due to the City pursuant to this Section 7a shall be 4 computed and paid quarterly thirty (30) days after the close of each quarter of the Grantee's fiscal year, which currently ends on December 31. The Grantee shall file with the City, within sixty (60) days after the close of each of the Grantee's fiscal quarters, a statement showing the Gross Revenues received by the Grantee during the immediately preceding quarter and the amount of the franchise fee then due. Such statement shall also identify all cash revenues received by the Grantee during such quarter which have been excluded from Gross Revenues. Payment of the franchise fee shall be remitted with such statement. A copy of the Grantee's income statement for the Grantee's entire fiscal year, audited by an individual or firm of independent certified public accountants, shall be made available to Grantor upon receipt by Grantee. b. The City shall have the right to inspect and audit the Grantee's income records and the right to recompute any amounts determined to be payable under this franchise. An audit of any fiscal year may be made at any time during the term of this franchise but limited only to the examination of the Grantee's books for the immediate preceding two (2) calendar years from the date of such audit request. Any additional amount due as a result of such audit, together with interest at the maximum interest rate permitted by law from the last day of the fiscal year from which such additional amount is due, shall be paid to the City within thirty (30) days following written notice to the Grantee by the City, which notice shall include a copy of the audit report. The cost of such audit shall be borne by the Grantee only if it is determined that the Grantee's annual payment to the City should be increased by three percent (3%) or more of the City's annual franchise fee received in the immediate preceding two (2) calendar years from the date of such audit. Should there be such a deficiency following an audit of the Grantee's books the City shall have the right during the term of this franchise to conduct a second audit examination of the Grantee's books which may, at the Grantor's option, extend to the time period ending with the last audit period that reflected a deficiency in the Grantor's payments. Such an audit shall be conducted at Grantee's expense by an independent accounting firm to be mutually agreed upon between the parties. Such an audit shall consist of a representation letter based on an examination of the franchise fee payment schedule. c. Acceptance of any payment by the City shall not be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a franchise fee or for the performance of any obligation of the Grantee hereunder. SECTION 8. Liability and Indemnification. a. The Grantee releases and shall indemnify and hold the City harmless from any and all loss sustained by the City on account of any tax, penalty, fine, costs, expense, suit, judgment, execution, claim or demand whatsoever against the City resulting from the Grantee's construction, operation or maintenance of the Cable System and/or any other actions or omissions taken or not taken by the Grantee in connection with this franchise. The Grantee may, and if requested in writing by the City shall, undertake the defense of any claim, 5 action or proceeding for which the City is indemnified under this Section, and, thereafter, the Grantee shall not be liable to the City for any legal or other expenses of the City other than reasonable costs subsequently incurred by the City at the request of the Grantee in connection with the defense thereof. The Grantee shall not be liable for the settlement of any such claim, action or proceeding effected without its consent. The City shall give the Grantee prompt notice of any claim, action or proceeding against it upon which the City may seek indemnity hereunder. b. The Grantee shall carry, throughout the term of this franchise, personal and property damage liability insurance with insurance companies qualified to do business in the State of Texas. Such insurance shall show the City as an additional insured party. The amounts of such insurance to be carried for liability due to property damage shall be $500,000 as to any one occurrence, and against liability due to injury to or death of a person $2,000,000 as to any one person and $5,000,000 as to any one occurrence. A certificate or certificates of insurance shall be filed and maintained with the City during the term of this franchise. The Grantee agrees that, at the end of the fifth and tenth complete fiscal years following the Effective Date of this franchise, it will increase the amounts of insurance required to be maintained by the Grantee under this Section Sb in accordance with an opinion of a qualified insurance consultant agreed to by the City and the Grantee stating that such amounts should be increased. SECTION 9. Performance Evaluations. The City Council shall have the right under this franchise at any time to review the performance of the Grantee hereunder and to ascertain that all provisions of this franchise are being fully and faithfully carried out. The City Council may conduct formal performance evaluations of the Grantee's Cable System and Cable Services on or about the fifth, ninth and thirteenth anniversary of the Effective Date of this franchise. The City shall permit the Grantee to be involved in and comment on establishing the method and format of such evaluation prior to the evaluation. SECTION 10. Revocation and Termination of Franchise. a. The City shall have the right to revoke and terminate this franchise if, in the City's sole judgment, the Grantee has (1) taken or permitted an act described in Section 14c or committed a series of violations of this franchise such as to indicate that the Grantee is unable or unwilling to comply with the terms of this franchise, and the Grantee has failed to take reasonable steps to correct or desist from the violations within a reasonable time after due written notice has been given to the Grantee by the City, or (2) if the Grantee files in any court a petition of voluntary bankruptcy or is involuntarily adjudged bankrupt in any court of competent jurisdiction or is placed in receivership or trusteeship or (3) if the Grantee's title and interest in the Cable System authorized by this franchise or in this franchise is taken by judicial or nonjudicial execution or is forfeited or subject to forfeiture before any court. 6 b. If at any time the City has reason to believe that the Grantee is in jeopardy of having this franchise revoked and terminated for any reason, the City shall so notify the Grantee in writing, and order the Grantee to show cause before the City Council within thirty (30) days of such notice why such revocation or termination should not take place. If the Grantee fails to show cause, or in any case if the City finds (1) that any of the causes set forth in Section l0a are applicable, (2) that adequate notice has previously been given and (3) that the Grantee has failed to correct the defects or violations as required, the City may declare this franchise to be revoked and terminated. SECTION 11. The Grantee shall maintain an office reasonably accessible to residents of the City who are subscribers of the Cable System and which shall be open during normal business hours, have a listed telephone number and be so operated that complaints and requests for repairs or equipment adjustments may be received at any time. The Grantee's office shall be the principal place for the receipt of soma due from its subscribers The Grantee shall provide for regular billing of accounts. b. The Grantee shall furnish to each new subscriber, at the time service is installed, a written statement that clearly sets forth procedures for placing trouble calls or requesting equipment adjustments, and an annual reminder that the subscriber can call or write the City if the Grantee fails to respond to the subscriber's request for installation, service or equipment adjustment within a reasonable period of time. c. The Grantee shall respond to requests for service on the same day if the request is received prior to 2:00 p.m. In no event shall the response time for calls received later than 2:00 p.m. exceed twenty-seven (27) hours. d. The Grantee may interrupt Cable System service after 7:00 a.m. and before 1:00 am. only with good cause and for the shortest time possible and, except in emergency situations only after giving notice to subscribers that Cable Service will be interrupted. Cable Service may be interrupted between 1:00 a.m. and 7:00 a.m. for routine testing, maintenance and repair, without notification, any night except Friday, Saturday or Sunday, or the night preceding a holiday. e. Whenever service to any subscriber of the Cable System is interrupted for any period of time in excess of twenty-four (24) hours, or the Grantee violates the service standards then in effect recommended by the National Cable Television Association, and such interruption or violation is known to the Grantee (whether or not notice is given by the affected subscriber), in addition to all other refunds and penalties due pursuant to federal law or regulation, the subscriber, upon request, shall receive a rebate of one-thirtieth (1/30th) of his monthly subscription fee for each day or part thereof from the time service is interrupted or service standards are violated until service is restored or corrected. For purposes of this Section, "interruption of service" means that a subscriber is not receiving all subscribed-for services. f. The Grantee shall maintain records listing date and time of trouble and service complaints, identifying the subscriber and describing the nature of each complaint and what action was taken by the Grantee in response thereto. Such records shall be available for inspection by a representative of the City at any time during regular business hours. The Grantee shall use its best efforts to develop a summary of such report for each fiscal quarter for inclusion with the payment and report due under Section 7a. g. The programming available on the Cable System and the rates in effect on the Effective Date are identified on Exhibit B attached hereto. The Grantee shall file all changes in channel space allocation and rates with the City at least thirty (30) days in advance of the effective date of such change and shall provide customers of the Cable System with at least thirty (30) days' prior notice of channel apace allocation and rate changes. SECTION 12. Technical Standards and Reports. a. Technical standards shall be maintained in compliance with Federal Communications Commission Rules and Regulations 47 C.F.R., Part 76, Subpart K, and as amended from time to time. b. If, during the term of this franchise, Grantee develops, builds or obtains the ability to provide other forms of cable services not currently being provided, and such new services are offered and provided to either residential or commercial subscribers in the City, and if such services are subscribed to by residential or commercial subscribers, then, Grantee shall provide at least one (1) service connection to provide such service to Grantor's facilities as set forth in Section 18(a) herein. Provided however, that Grantee shall be under no obligation to continue to provide such new service(s) to Grantor if Grantee ceases to offer or provide such new service(s) to either residential or commercial subscribers in the City. It is further agreed that Grantee shall upgrade its cable services to provide fiber optic technology by December 31, 1997. c. The Grantee shall advise the City with its quarterly report of any changes in federal and/or Texas law and regulation relating to the cable industry and any advances in technology in the cable industry relating to the quality and quantity of service which may be available and shall promptly inform the City of the implementation of any interconnect with another cable system. d. The Grantee shall arrange for its representatives to meet at least once each fiscal year with representatives of the City to provide additional information which the Grantee believes is useful to the City in connection with the Cable System and to respond to inquiries from the City in connection with the Cable System and this franchise. SECTION 13. Parental Control of Programs. The City and the Grantee agree that public concern has been expressed regarding the reception in subscribers' homes of television programs that are offensive to some persona, that are intended for viewing by adults and that are believed by some persons to be detrimental to the community's cultural values. Neither the City nor the Grantee wishes or intends to regulate the content of television or radio programs, or any other services obtained from independent sources and retransmitted over the Cable System. Nevertheless, the City and the Grantee agree that a public interest exists and that there is a need for certain services to permit parents to exercise greater control over the television programs watched by their children. Therefore, the Grantee agrees as follows: (a) The Grantee shall provide a locking device to any subscriber of the Cable System, at the subscriber's request, which when locked by a key will prevent the television set from being tuned to any channel designated by the subscriber. The Grantee shall have the right to charge an amount equal to its cost of providing said locking device. (b) If the Grantee offers any pay television services, at least one television service (pay or non-pay) shall consist of television programs predominantly of a wholesome nature intended for viewing by children. SECTION 14. Books and Records. a. The Grantee's books of account and records of its business and operations under and in connection with this franchise shall be maintained and available at the Grantee's office in San Antonio, Texas. b. The City shall have access upon reasonable notice and at reasonable times to review all of the Grantee's books of account and records of its business and operations to the extent reasonably necessary to enforce the terms of this franchise. c. Any false entry in the books of account or records of the Grantee or any false statement in the reports to the City as to a material fact, knowingly made by the Grantee, shall constitute a major violation of this franchise. SECTION 15. Severability. If any portion of this franchise is for any reason held invalid or unconstitutional by a court of competent jurisdiction or is superseded or preempted by any State of Texas or federal law or regulation, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity or effectiveness of the remaining portions hereof. 9 SECTION 16. When any provision or condition to be performed by the Grantee under the terms of this franchise is prevented, delayed or interrupted by lack of labor or materials caused by conditions beyond the reasonable control of the Grantee, or by fire, storm, flood, war, rebellion, insurrection, sabotage, riot or strike, or by failure of carriers to transport, make delivery or furnish facilities for transportation, or as a result of some law, order, rule, regulation or necessity of governmental authority, whether local, state or federal, or as the result of the filing of a suit by the City against the Grantee (unless the Grantee is ultimately determined in such litigation to have been in material violation of this franchise and Grantee has failed to cure such breach), in which the Grantee's franchise may be affected, or as a result of any cause beyond the reasonable control of the Grantee, this franchise shall remain in full force and effect. The Grantee shall not be liable for any breach of any express or implied covenant or obligation under this franchise when the same is prevented, delayed or interrupted, provided that Grantee shall make a good faith effort to carry out or complete, as the case may be, its duties and obligations hereunder in a timely manner. SECTION 17. Regulation. The City shall automatically have all of the rights, benefits and powers granted to municipalities under federal or State of Texas cable television laws or regulations in effect and as amended during the term of this franchise, including specifically all powers or rights to regulate cable television rates, services and programming, as if such laws and regulations were incorporated herein. Any other matters permitted by such enactments or amendments shall be negotiated in good faith by the City and the Grantee. SECTION 18. Publicly Owned or Leased Facilities and Public Service a. The Grantee shall provide at least one service connection in each of the following locations: L all governmental buildings or facilities as may be now or hereinafter designated by the City Manager or his agent; 2. all public and parochial school buildings as may be designated now or hereinafter by the chief administrative officer of each school district or parochial school system in the City; and 3. each classroom building and dormitory building of each college or university in the City. Such service connections shall be provided to buildings as designated by the proper administrative official within at least three (3) months of the date service is available to such building. In addition, a converter to provide the capability of 1f) receiving all services except "pay television" shall be provided to each such location. b. No charge shall be made by the Grantee for the installation, disconnection (when requested) reconnection (when requested), monthly services and/or maintenance of equipment authorized by Section lSa. c. Grantee agrees to develop by December 31, 1995, considering the then beat available technology, the capability to introduce an audio and video message on the Cable System in times of public emergency, and to provide that such override may be introduced from a City facility. Grantee further agrees to furnish a status report of such technology available in its quarterly report due at the close of the second quarter after the passage of the ordinance manifesting this franchise agreement, and thereafter in subsequent quarterly reports as may be reasonably convenient. d. The Grantee shall provide substantially locally-originated programming each week and shall exceed all such programming requirements or recommendations of the Federal Communications Commission or applicable State of Texas or federal law or regulation. The Grantee may produce such programming itself or may rely on local groups to produce such programming with technical assistance from the Grantee. The Grantee agrees to permit the City, at its option, to participate in the formation and operation of a broadly representative advisory board to help implement community involvement in local origination production and use of public access channels. The Grantee shall provide and maintain a studio in San Antonio, Texas or in another location at Grantee's option reasonably accessible to residents of the City for the purpose of local program production and origination. SECTION 19. Security Upon request by the City, the Grantee shall furnish to the City an irrevocable letter of credit acceptable to the City or a bond issued by a surety company in form and amount reasonably acceptable to the City guaranteeing that the Grantee will faithfully fulfill and perform each and every term and condition of this franchise and that in the case of default by the Grantee, the City may recover from the principal and/or the bonding company or issuer of the irrevocable letter of credit or surety bond the City's liquidated damages for the Grantee's default. SECTION 20. Waiver The waiver by either party of a breach or violation of any provision of this agreement shall not operate as or be construed to be a waiver of any subsequent breach of any provision of this agreement. To the contrary, such conduct shall not be considered a waiver of either party to future performance of any such provisions of this agreement, and the obligations of the parties to such future performance shall continue in full force and effect. 11 SECTION 21. Equal Treatment If at any time during the term of this franchise, the Grantee modifies or renews its franchise agreement with the City of San Antonio, Texas or any other franchisor Zocated wholly or in part in Bexar County, Texas, the Grantee shall notify the City and provide the City with a copy of such modification or renewal instrument. If such franchise agreement, as modified or renewed, contains provisions relating to franchise fees, customer rates or charges, city tax calculations or payments, or cable services, and the City believe such provisions to be of benefit to the City, then, at the written request of the City, such provisions shall be incorporated into this franchise. Furthermore, the Grantee shall negotiate in good faith with the City regarding any other provisions contained in said revised franchise with the City of San Antonio or any other franchisor in Bexar County, Texas and shall include agreed upon provisions in this franchise with the City. City agrees, however, that City shall not request inclusion of any provisions relating to: (1) Purchase of the Cable System by City; (2) Expenditures related to franchise renewal or modification; or, (3) public, educational or governmental access in excess of that required by law. , PASSED AND APPROVED for a first reading the ~ ~ day of 1993. ATTEST: i Y SECRE Y PASSED AND APPROVED the ---~-~ day of ATTEST: '~ ~ ~` ' C~ SECRET Y >2 EXFIlB1T A "Cable Services" means the total of the following. L the transmission to or from subscribers or other authorized users of video programming or other telecommunications service; and, 2 subscriber interaction, if any, which is required for the selection of such video programming or other telecommunications service. "Cable System" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment, that is designed to provide Cable Services to multiple subscribers or other authorized users in the City. Such term does not include the following: 1. a facility that serves only to retransmit the television signals of one or more television broadcast stations; 2. a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility uses any public right-of--way; 3. a facility of a common carrier, except that such facility shall be considered a Cable System to the extent such facility is used in the transmission of video programming directly to subscribers; or 4. any facilities of any electric utility used solely for operating its electric utility system. "Effective Date" means November 9, 1992. "Gross Revenue" means all revenues received by the Grantee from all sources and derived from or attributable to the Cable System, including but not limited to installation fees, subscriber fees, pay television charges and advertising charges, but excluding all taxes collected by the Grantee as required by law and wholly transmitted to a local government, the State of Texas or the federal government. II-'~IIB1T B Proeramming/S rvi a and Ratna ~.' W li~l. Ll~.-Vr 2 HEADLINE NEWS - 24-hour News 32 TNN -Country Updates every Half Hour 3 KMOL CHANNEL 4 -NBC (S.A) 4 THE FAMII.Y CHANNEL -Family Programming, Comedies, Series b GALAVISION - 24 -Hour Spanish Language Programming 6 HENS -CBS (SA.) 7 HRRT -FOX (S.A) 8 H:WEX - Univision (S.A.) 9 NICKELODEON -Children & Family Programming (P.T.A Endorsed) 10 KLRN -PBS -Public Broadcasting 11 HABB -Independent (S.A.) 12 TBS -Independent (Atlanta) 13 KSAT -ABC (SA) 14 HOME BOX OFFICE -Blockbuster Movies, Sports & Comedy Specials 24- hours (+) 15 FIRST CHOICE PREVIEW -Preview clips and Ordering Instructions for Pay- Per-View 16 SHOWTIME - 24-Hour Movies, Specials, Comedy and Boxing (+) 17 KVDA - Telemundo -Spanish Language (S.A.) l8 WGN -Independent (Chicago) 19 EDUCATIONAL ACCESS ~ PUBLIC ACCESS 21 GOVERNMENT ACCESS 22 RELIGIOUS ACCESS - Catholic TV of San Antonio ~i HOME SPORTS ENTERTAINMENT - Now 24 hours `lA ESPN - 24-Hour Sports and Specials 25 TNT -Classic Movies, Specials and Sports ~ KBL - TV/QVC Home shopping 27 AMERICAN MOVIE CLASSICS - Popular films from the '30's, through the '70's `1B A & E -Drama, Dance, Comedy and Music 29 LIFETIME -Health, Fitness, Hobbies & Medicine 30 THE DISCOVERY CHANNEL -Nature, Science, and History 31 USA -Original Movies, Series & Wrestling 33 34 35 36 36 39 40 41 42 iii 44 9S Motor Sports Music, Talk Shows, BET -Black Entertainment Television MTV - 24 Hour Variety Music Videos and Game Shows CNN -News 24-Hours a day THE WEATHER CHANNEI. - Up-to- the-minute Local, National and International Reports CNBC - Up-To-The-Minute Financial News & Current Affairs (•) VH-1/THE COMEDY NETWORK - 24- Hour Music Video/Comedy C-SPAN I -Congress and Government in Action GSPAN II/FIItST CHOICE REEL DEAIIPLAYBOY (+,**) THE MOVIE CHANNEL - 24-Hour All Movie Channel (+,••) THE DISNEY CHANNEL -America's Family Network (+,••) HOME SHOPPING CLUB -Shop For Bargains from Home (•) FIRST CHOICE -Movie of the Week (+,••) FIRST CHOICE -Movie of the Day (+,••) FD3ST CHOICE -Rendezvous Theater/Adult Movies (+,••) Limited Basic is available only on Channels 2 thru 22. Preferred basis is available only on Channels 2 thru 40. MUST HAVE LIMITED BASIC TO RECEIVE PR.EFIItItID BASIC CABLE. NEW CHANNEL CHANGES INDICATED IN PURPLE (+) Available at additional charge (") Channels require a Z-View Converter or Cable Ready TV. (•`) Channels require a Z-View Converter EFFECTIVE 8-12-92 PARAGON CABLE SAN ANTONIO TOTAL ENTERTAINMENT PRICE GUIDE* TOTAL ENTERTAINMENT Basic Cable Service ............................................................................$ 20.40 Senior Citizen Discount**(must be 65 years or older) .....................$ 18.30 I.IIKPI~D Basic Cable Service ............................................................................$ 14.95 Senior Citizen Discount ** (mustbe 65 years or older) ...................$ 13.45 Basic Cable Service (Available with limited)*** .............................$ 5.45 PREMIUM CHANNELS (+) HBO ........................................................................................................$ 11.00 Showtime ..............................................................................................$ 10.00 The Disney Channel ..........................................................................$ 7.95 The Movie Channel ...........................................................................$ 5.95 SPECIAI. PACKAGES (++) HBO/Showtime (+) .............................................................................$ 19.95 Limited Basic and HBO Package ...................................................$ 17.50 Showtime/The Movie Channe]/Disney .........................................$ 16.90 HBO/Disney .........................................................................................$ 14.95 HBO/The Movie Channel .................................................................$ 14.95 ShowtimelThe Movie Channel .......................................................$ 12.95 Showtime/Disney .......................................................................:.......$ 10.95 FIRST CHOICE PAY-PER-VIEW (**) First Run Movies ................................................................... $1.99 - $ 3.95 Rendezvous Theatre ........................................................ ..........$ 4.50 Tune to First Choice channel 38 for information on movies, special sporting events, and concerts. Prices on special events vary. Installation and Miscellaneous charges provided on reverse side of this card. (*) Prices subject to change. Taxes and fees not included. (*') Other restrictions may apply. (***) MUST HAVE LB4IITED BASIC TO RECEIVE PREFERRED BASIC CABLE. (+) Converter may be required at additional cost. (++) Must have a Z-View Converter. Effective January 31, 1992 INSTALLATION CHARGES Standard Installation .......... $ 40 00 ............................................................. . Transfer of Service (within 3o days of move) ....................................$ 15.00 Change Level of Basic Service ...................................................... ..$ 15.00 Install AdditionaURelocate Outlets ............................................ ..$ 15.00 VCR Installation ...................................................... . $ 15 00 . ...................... A/B Switch (Purchase Price) ........................................................ .. . ..$ 15.00 Disconnection of Basic Service ..................................................... .......N/C Add (Upgrade) Service .................................................................... ..$ 10.00 Add Addressable Pay Service (w/Z-View) ................................. ..$ 5.00 Remove (Downgrade) Service ....................................................... .......N/C Service Calls -Cable Related ......................................................... .......N/C Converter Deposit ...................................................... N/C .............................. Unreturned Set-Top Converter .......................................................$ 50.00 Unreturned Remote ............. 00 $ 30 ........................................................... Unreturned Z-View Converter ..................................................... .. . ..$200 00 Unreturned Paragon Personal . Controller Remote Control ...................................................... ..$ 50.00 CHANNEL CONVERTERS/OUTLETS/VCRS -MONTHLY Standard Set-Top Converter ............................................................$ 3.05 Z-View Remote Control converter .................................................$ 3.05 Paragon Personal Controller Remote Control (++) ....................................................................$ 1.90 Each Additional Outlet .....................................................................$ 4.00 VCR Outlet ................................................................................................N/C MISCEGI,ANEOUS CHARGES Weekly Cable Guide ........... ............................................(per month) $ 3.29 Rate for Late Payment .... ..................................................................$ 5.00 Returned Check Charge ..................................................................$ 18.00 Wield Collection Charge ....................................................................$ 15.00 FOR MORE INFORMATION CALL: 222-0500 ACCEPTANCE OF THE CITY OF OF SCHERTZ, TEXAS PARAGON CABLE TELEVISION SYSTEM FRANCHISE ORDINANCE OF 1993 The undersigned duly authorized officer of KBL Cablesystems of the Southwest, Inc. hereby, on behalf of the corporation, unconditionally accepts the terms of the City of Schertz, Texas Paragon Cable Television System Franchise Ordinance of 1993 as approved by the City Council of the City of Schertz, Texas on Aor i 1 6 , 1993, and agrees to comply with and abide by all of its provisions, terms and conditions. In accepting this franchise, the Grantee acknowledges that its rights hereunder are subject to the police power of the City to adopt and enforce Charter provisions, if any, and ordinances necessary to the health, safety, welfare and property of the public, and the Grantee shall comply with all applicable Charter provisions, if any, and ordinances of general applicability enacted by the City pursuant to such power if an emergency exists constituting a danger to the health, safety, welfare or property of the public. ACCEPTED this 27 day of May .1993. KBL CABLESYSTEl SOUTHWEST, INC. w~ OF THE and General Manager ~' = RECEIVED FEB 2 7 1995 P A R A G O N C A B L E T.J. Connolly Vice President Public Affairs SAN ANTONIO February 24, 1995 City Manager Kerry Sweatt City of Schertz P. O. Drawer I Schertz, Texas 78154 Dear Kerry: At the February 23 meeting of the San Antonio City Council, the Council reviewed and approved Paragon Cable's February 1, 1995 basic cable, equipment and installation rate submissions. This rate submission is anticipated to be the only regulated adjustment for calendar year 1995. Paragon Cable did not propose any unregulated service increases. On April 1, 1995 the basic cable rate in your community will rise from the current $8.63 per month to $8.92. This 29 cent increase is the first basic cable rate increase since the spring of 1991. This increase of less than 3% comes after a total of over 45% in mandatory basic cable rate decreases over the last two years as a result of the 1992 Cable Act. (The 1992 Cable Act allows the cable operator to adjust their city regulated services annually to allow for inflationary and programming increases or decreases. The operator must appropriately reflect the increases or decreases at that time.) In addition to the basic cable rate increase, the standard service (regulated by the FCC) will rise $.44 from the current $11.23 per month to $11.67. Finally, the Z-view converter will increase $.63 from $1.95 to $2.58. In addition to approving the rate increases, the Council also approved the following rate decreases: installation in unwired homes from the current $27.95 reduced to $18.16, installation in prewired homes from the current $27.95 reduced to $14.16, installation of an additional outlet at the time of install from the current $13.95 reduced to $6.05, installation of an additional outlet requiring a separate trip from the current $13.95 reduced to $10.05, and finally a wall drop from the current $27.95 reduced to $13.32. All of these above stated rate changes will take effect on April 1, 1995. 415 N. Main Avenue, P.O. Box 1 121, San Antonio, Texas 78205, 210/222-9912 Owned by a KBLCOM Incorporated Company February 24, 1995 Page 2 I thought you might find the following information of interest in comparing your basic cable rate as an uncertified city of $8.92 with the three certified cities. The new rate in the City of Leon Valley will be $9.10, in the City of Windcrest the rate will be $9.12, and in the City of Alamo Heights the rate will be $9.22. If you have any questions regarding the rate information, or if I can be of any assistance in any other cable matter, please don't hesitate in contacting.me directly. As always, Paragon Cable sincerely appreciates the opportunity to do busi:.ess in your community. I look forward to seeing and talking with you soon. Sincere ' -- 1 T. J. Cort~ctolly Vice Pre$ident of Public Affairs I TJC:bhf cc: ~or Hal Baldwin - RF~F~v~'n Gca e ~ ~~~~ P A R A G O N C A B l E SAN ANTONIO February 24, 1995 Mr. Kerry Sweatt City Manager City of Schertz P. O. Drawer I Schertz, Texas 78154 Dear M~L~'a~f ~.~. On Tuesday or Wednesday of this week, you should have received the form 394, along with back-up information regarding the transfer of KBLCOM, Inc. to Time Warner, Inc. Next week, I will be forwazding a draft resolution to you for your review and utilization with regazd to approval of the transfer. The form 394 must be approved by your City Council, as well as the adoption of a resolution approving the transfer of KBLCOM, Inc. to Time Warner, Inc. Please contact me or T.J. Connolly anytime should you have questions about the form or transfer thus faz. My direct phone number is 225-3875, extension 17 and my pager number is 351-1745. T.J.'s phone number is 222-9912, extension 203. Thank you and I look forward to talking with you soon. Sinc y, Gen M. Nivens Public Affairs Manager GMN:pr cc: T.J. Connolly Vice President of Public Affairs 403 Urban Loop, San Antonio, Texos 78207 Owned by a KBLCOM Inmrpomfed Compony CORD ~, CERTIFICATE OF LIABILITY INSURANCE DA6I5/ZOM 02 I . GOUGER 667 MARSH INC. 1188 Avenue of the Americas THI8 CERTIFICATE L4ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI8 CERTIFlCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. New York, NY 10036-2774 INSURERS AFFORDING COVERAGE INSURED Tian Warmrlnc.Bam SUGSltllary Campam INSURER A: T2VBIefS lndBmDliy Of IIIIDO6 PARAGON COMMUNICATION, INC. INSURER B: NBIIOR81 Union Fife IGb. CO. Of PllSbUrg PA DBA TIME WARNER CABLE INSURER C: See Attached 84 N.E. LOOP d10, SUITE 200 SAN ANTONIO, TX 78Zi3 INSURER D' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICTED. NOTIMTHSTANDING ANY REOVIREMENf, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI8 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E%CLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDarrl POLICY EXPIRATION DATE (MMIDDfIY) LIMITS LTR GENERAL LU181LRY EACH OCCURRENCE f 2000000 cwMS MPOE ~ occuR TC2JGLSA260T3514TIL 6/1/2002 6/1/2003 MEO E%P WNPn Prpm s X owNER•s coNTRACTOas PROT. TC2SCPP231 D7380 6/1/2002 6/1!2003 FER80N4LSAOV IN1uRr f 2000000 x CONTRACTUAL OENFHALAOOREWTE 5 0000000 OENL AaOREOATE UMn MFUEB PER PROOVCTa-COMP/OP A00 f SGDDDDO X PoIICY PROJEC LOC q AU TOMOBILE LUV311LRY COMBNED BINDLE UMn f TC2JCAP260T3483-TIC 6!1/2002 6/1!2003 (E.w10rM) 2000000 x Amwro Au owNEO AUTOS TC2ECAP260T3495TCT 6/1/2002 6/1/2003 eoDllvswum s scHEwLEO wTOS TRJCAP120D8731 TIL IP`°"°°°I 6/1/2002 6/1/2003 HIRED Auros eomly Ruubr NON.owNEO AUroB TC2CAC231 D7392 6/1/2062 6/1/2003 Ih,.aaMl R10PERLY DAM40E P M M 5 ( .r rc e ) GARAGE LUV3IUTY AUTOONLV-FA ACGOE1n f ANV AUTO EA'~ oTREA TWW ' f AUfO qAY: A03 f S EXCESS LIABILITY EACH OLCURREKK£ S 2~ODOOD BE1399883 6/1/2002 6/1/2003 ADOREMTE s 20000000 C X O CUR ~ CWMS IMOE f OEOUCTIBLE S RETEMION f f A TC2JUB260T3366 6/1/2002 6/1/2003 WC eTATUTORY UMITa THER x WORXER8 COMPENSATON AND EMPLOYERS'UABILITY TRHU8120D872A 6/1/2002 6/1/2003 "~1A0C1OQ1T f 2000000 E.L DISEASE-FA EMPLOYEE f 2DD000O E.L 018E45E-PCIIC LIMIT f 2QDDDDD OTHER TC2JSPS120D151A 6!1/2002 6/1/2003 occumenca/A9Nre0ate $2MlSBM A Rellroad Prolecdve Uabillty See AtlaChed 3/1/2002 3/1/2003 Replacement Cost value C All-Risk Property DESCRIPTON OF OPERATIONSILOCATIONSNEHICLESIE%CLUSIONB ADDED BY ENDORSEMEHfISPECIAL PROVISIONS CITY OF SCHERTZ IS INCLUDED AS ADDITIONAL INSURED UNDER GENERAL LIABILITY ALMA. CERTIFICATE HOLDER l54 noolnowu wsuREn iNauaER LETrsR:_ CANCELLATION CITY OF SMERT2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 60 DAYS WRRTEN NOTCE TO P.O. DRAWER 7 THE CERDFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGAPON OR LUIBILRY OF ANY LIND UPON THE INSURER, ITS AGENTS OR SCHERTZ, T% 73154 REPRESENTATIVES. v wy. W S ~/W~ t/V ~ PROPERLY ~I ~ CASUALTY .e^~^... e.",.'. II ® ACORD CORPORATION 199$ DATE IMYIDDIYY) CONTINUED FROM PAGE 1 coMPANY E MUNICH REINSURANCE COMPANY DOMPANv F SCOR REINSURANCE CO COMPANY G AXA REINSURANCE COMPANY COMPANY H ALIIANZ INSURANCE COMPANY ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NLY AND CONFE NO I -- -- HOLDER: THI ~CERTIFICATE150ES -NOa`7UNEND, ER DR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CONPANIES AFFORDING COVERAGE COMPANY A ACE INSURANCE CO. LTD i COMPANY B LEXINGTON LONDON & NEW YORKILLOYDS COMPANY C CONTINENTAL CASUALTY CO i coMPANr D FMGLOBAL YERA6ES :. ~ .-~ .. Th(e 4aACkatesuporsedeecend replaces arty plavipasfy.lasued csNMcab.,,.. -~. i°'.= ~ ~ --:ux-1>'.. ~ ' ~`x'c.-~%:~ :. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE.FOR THE POLICY PERI00 INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITIONOF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS.SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS. OD TIPE OF INSURANCE I POLICY NUMBER ~ POLICY EFFECTIVE 'POLICY EIfPIRATION ~ DOVERED PROPERTY ! LIMITS LTR DATE IMMIDD/YYI I DATE IMM/DD/YY) , q X PROPERTY 4°~ CXD3531061-7 ; 03I01I02 . 03/01!03 I I9UILDING ~g Replacement B cAUSes OF LOSS S0% DP994702 103/07102 f 03/01/03 -,. PERSONAL PRDPERrY ~ f ReplaumeM C eASlc 1 6.5% RMP247970905 03/01102 ; D3/01/03 BUSINESS wcoME g Replacement D BROAD 10% LP353 ~ 03/07103 ' 03/01/03 ~ E%TRA EXPENSE I S Replacement E .SPECIAL 115% 0557860102 03/07102 -03/01/03 (BLANKET BUILDING ;g Reple-cement F X FARTIOUAKE 13% F095016 O3/OlIO2 D3/Ol/O3 BLANKET PERS PROP ig Replacement G X FLOOD - 1.5% P30997 ' 03107102 i O3IO7/O3 BLANKET BLDG S PP j g Replacement 'H X All Risk Property 70% CLP3001651 !.03101/02 ~.03/01/03~~ Ig INCLUDES COPYRIGHTED NATHRIAL OF ACORD CORPORATION PATH ITS PERMISBION. PAGE 2 AS ATTACHED TO CERTIFICATE OF INSURANCE 8434 Gault Lane Jon Gary Herrera San Anlanio, Tezas 78209-1010 Director of External AJjairs Phone: (270J 828-3086 ex(94 Fax: (210) 805-9458 TIME WARNER CABLE June 21,2002 Mr. Dewey P. Cashwell, Jr. City Manager City of Schertz Post Office Box I Schertz, TX 78154 Dear Mr. Cashwell. Jr.: In accordance with our franchise agreement, enclosed you will find for your records the original certificate of insurance covering the period of June 1, 2002, through June 1, 2003. Should you have any questions, please do not hesitate to contact me at 828-3086, extension 34. in erely/~ > w Jon Gary Herrera Director of External Affairs JGH:mmm Enclosure cc: Steve Simonson Franchise File P A R A G O N e ~ E T.J. Conno~~y Vice President Public Affairs SAN ANTONIO April 15, 1994 City Manager Kerry Sweatt City of Schertz P. O. Drawer I Schertz, Texas 78154 Dear Kerry: On Thursday, April 7, the San Antonio City Council certified Paragon Cable's rates. At the time they certified our rates, they also filed complaints with the FCC focusing on several areas. The first area of focus dealt with the rate Paragon Cable charges for basic cable service. While Paragon currently charges $9.10, the City of San Antonio, following their review, believes that we should, in fact, be charging $8.93, a difference of 17 cents. Additionally, the City of San Antonio is challenging the way we count satellite channels and our a la carting of WGN and WTBS. Finally, the city took exception to Paragon's $2.00 Premium Distribution Fee charge. Effective April 8, Paragon Cable began escrowing the 17 cents we currently collect o~~e-- the $8.93 w'sic rat_ the Citi' of Sa^ Artor.ie has now certified. The other issues on Premium Distribution Fee and a la carting will have to be decided by the FCC and, until their final ruling, no funds fall under escrow. Thus, in the months going forward, we will be escrowing the 17 cent per cable customer basic rate charges that the city is questioning. As I shared with you last fall when your city decided not to certify for reregulation authority but to rely on the City of San Antonio's findings and decisions, the residents of your community are included in the escrow account which was established on April 8. As you may recall, last fall I often referred to "as San Antonio goes, so goes your community" if you elected not to certify. Thus, when the FCC rules, and if they rule in favor of the City of San Antonio, then the citizens in your community will enjoy a refund along with earned interest. To put this in complete perspective, if the FCC rules in the next four or five months, the 415 N. Main Avenue, P.O. Box 1121, San Antonio, Texas 78205, 210/222-9912 Owned 6y a KBICOM Incorporated Company April 15, 1994 Page 2 expected refund/credit to our customers in all of our franchised areas which are covered under the escrow account will amount to approximately 7.5 cents to $1.25 each. I will keep you apprised as we move forward. I do want to point out to you that in just a couple of more months Paragon Cable will be setting our new rates as they pertain to the newly issued rules of February 22. Early indications to us show that an additional rate cut on top of the $7 million reduction last fall may, in fact, occur. The City of San Antonio and Paragon Cable plan to begin review prior to the rate implementation. While Paragon does not agree with the City of San Antonio's findings and we are appealing at this time, we do appreciate the fair and professional attitude San Antonio has brought to their review of our operations. It is Paragon Cable's goal and, for that matter, the goal of all of our franchises, that the correct and appropriate rates for cable television services be in place. We are all learning as we are going forward, but at the same time the City of San Antonio's thorough review will not only protect the interests of the citizens of San Antonio, but also the residents of your community. If you have any questions that I can clarify for you, please don't hesitate in contacting me directly. As always, thank you for doing business with Paragon Cable. Sincerel T. J. C Holly Vice Pr sident Public Affairs TJC:bhf ~~ 1HH) SCIIflRl'7, PAILFCWAI' P. O. IRAAY'1:R 1 SCliGR1~L,'PL \AS 781 S~~-OSN~ - At:(41-2)GSH-Si21 KERRY RSWF.ATT PAX f (512) 6593204 CITY MANAGER December 6, 1993 Ms. Susan Williams Paragon Cable 315 North Main Avenue Shn" Antonio'; Texas 78205..._ Re: Termination Bond #8123-07-49 Ms. Williams: In- response to discussion today, ..the ..City of Schertz requests either a irrevocable letter of credit or a bond in the amount of $50,000 to fulfill the requirements of Section 19 of our current franchise. This iequest is idade a5 a `result' of the terminatidn' notice ' ' regarding-the bond noted above. T1}ank you fqr your assistance in this matter. Sincerely,. _ i Kerry R. Sweatt City Manager KRSldb cc: one Krause, City Secretary NOTICE OF CANCELLATION OR TERMINATION City of Schertz P. O. Drawer I Schel~tz, Texas 78154 FEDERAL INSU'RF~1CE ~MPANY Cablevision Franchise Bond dated on or about August31 amount of Fifty Thousand and Date: Noveni~er 16, 1993 CERTIFIED MAIL- x_ REGISTERED MAIL: RETURN RECEIPT REQUESTED Surety, upon a certain Bond No. 8123-07-49 79 83 ~ in your favor, in the ----------- ~g50,000.00 ) covering KBL ('ABTFSYSTEPS OF THE SOUPI-I[^IFST INC. as Principal, hereby ~~notifies you'thatt'has-.eledtedto 'Cattoel'/terminate said bond .with such December 21, 1993 .cancellation/termination tobecome-effective FEDERAL INSURANCE COf!IPANY B ~ ~~<< Y Mr. Robert Hughes ynn B~. Ma es Attorney in-Fact cc KBL CablesXstems of the Southwest,- Inc. -- Principal c/4 I(BhCONI Incorporated:. , address: P. O, BOx 4567 _ Houston; Texas- 77210 _ - _ OBLIGEE:Please acknowledge-receipt.of-thisNOtice.of Cancellation and thedate. cancellation. will be effective.-Please complete-theattachedcopy and ~~--~,_... .. return_in-.the-enclosed; postagepaid:envelope to:,: .. _ Jokm L. wortham & Son Bond Department. - r_ C). S',ov. 13H8 Houston, Texas 77251 ~^1 QQ Your Notice .of Cancellation received on: ~~-- A 3 - 19/ ~_ ~3 We have arranged to cancel said bond effective: ~,~ ~ LA.D. 19L Bond is released as to past, present and future liability: Yes ~ do __ . ~ ... _. Aemarks~:..- -. ~~ ti - - ACCEPTc:D. ~~~_~ ..,:, -. 8123-07-49 .Im receiving all services .except "pay television" shall be- provided-to.~arh such location. b. No charge shall be made by the Grantee for the installation, disconnection (when requested) reconnection (when requested), monthly services and/or maintenance of equipment authorized by Section 18a. c. .Grantee agrees to develop by December 31, 1995, considering the then best available technology, the capability to introduce an audio and video message on the Cable .System in times of public emergency, -and to provide. that such override may be introduced from a City facility. Grantee further agrees to furnish a status report of such technology available in its quarterly report due at the close of the second quarter after the passage of the ordinance manifesting. -this franchise agreement,. and thereafter iri"subsequent. quarterly reports as may be reasonably convenient. d. The Grantee shall provide substantially .locally-originated ~. programming each week and, shall exceed all such programming requirements or recommendations, of the Federal Communications- Commission or applicable State?~of Texas or federal- law. or regulation. The Grantee may produce such programming itself or may rely on local groups to produce such programming with technical assistance from the Grantee. The Grantee agrees to permit the City, :at its option, to participate in' the formation and "operation of a broadly representative .advisory. board to help implement community involvement in local origination production and'use of public access- channels. The. Grantee shall provide and maintain a studio in 'San Antonio, .Texas or in another location at Grantee's optoh reasonably accessible. to residents of the City for the purpose of ,local program production and origination. SECTTQN,19: S .uri :v Upon "request by the City, the Grantee shall furnish to the City an irrevocable letter of credit acceptable to the City or a bond issued by a surety .company in form and amount reasonably acceptable to the City guaranteeing that the Grantee will faithfully fulfill. and perform each and every term and condition of this franchise and that in the case of default by the Grantee, the City may recover from the principal and/or the bonding company or issuer of the irrevocable letter of credit or surety bond the City's liquidated damages for the Grantee's default. SECTION 20. Waiver The waiver by either party of a`breach or violation of any provision of this agreement shall not operate as or be construed to be a waiver of any subsequent breach of any provision of this agreement. To the contrary, such conduct shall not _be considered a waiver of either.. party to future. performance of any such. ,'provisions ofahis agreement,: and. the pbligatfons of the parties`to such .future" performance shall contipue in fu1T force and effect. - 11 RECEIVED OCT 2 g ~ggg P A R A G O N G A B L E SAN ANTONIO T. J. Connolly Vice President Public AHoirs October 27, 1993 City Manager Kerry Sweatt City of Schertz P. O. Drawer I Schertz, Texas 78154 Dear Kerry: As we have discussed in previous meetings, the 1992 Cable Act allows franchising cities to become rate regulators of cable television. Recent FCC regulations have established benchmarks for rates charged to subscribers for cable television services. We have studied those rates for services and equipment and established new rates effective September 1, 1993 which are in compliance with the FCC benchmarks. KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable commits to you that the basic rates charged to individual cable television subscribers in the City of Schertz will be the same as those rates for basic services and equipment charged by Paragon to individual subscribers in the City of San Antonio, so long as the City of Schertz does not seek to separately regulate these basic rates. Given that the rates for San Antonio meet the FCC's established standards, we believe that KBLCOM's commitment herein eliminates the need for the City of Schertz to seek to regulate rates for your residents separately. 415 N. Main Avenue, P.O. Box 1121, San Antonio, Texas 78205, 210/222-9912 Owned by a KBLCOM Incorporated Company Page 2 As always, should you desire to discuss this further, please do not hesitate in contacting me directly, and thank you for doing business with Paragon Cable. si r. T. J. cc: su an Williams Pu lic Affairs Manager Paragon Cable TJC:bhf RECEIVED JUN 1 4 1993 TTT)T ^~A i( 1tl~L~®1V1 lrvcoHYOxnTe~ June 9, 1993 Kerry Sweatt City Manager City of Schertz P.O. Drawer I Schertz, TX 78154 Dear Mr. Sweatt: K fyT This letter is to inform you that KBLCOM Incorporated, the parent company of Paragon Cable has relocated its corporate office from Memorial City Plaza, 800 Lessner, Suite 700, Houston, Texas 77024 to Two Allen Center, 1200 Smith Street, Suite 1800, Houston, Texas 77002. Sincerely, C~J ?L~L[~2~ Gretchen Oliver Director - Legal Services 1200 Smith Stteet, Sure 1H00 Housron, "I'ezas 7760? 7I3IG59-5411 Pax 713/GPI-2700 A vu hsia;ary of Housron Ind mtrics Incorporated RECEIVED JUN 0 1 1993 PARAGON C A B L E SAN ANTONIO T.J. Connolly Vice President Public AHain May 28, 1993 City Manager Kerry Sweatt City of Schertz P. O. Drawer I Schertz, Texas 78154 Dear Kerry: Enclosed is the original, fully executed acceptance page of the 15-year franchise agreement between the City of Schertz and Paragon Cable. I want to thank you again for all your support and guidance throughout this refranchising process. I believe we have achieved a mutually beneficial agreement that we all can be proud of. Paragon Cable looks forward to providing the residence of the City of Schertz with the finest in cable programming and service. As always,~if I can answer any questions or be of assistance, please doyl'~ hesitate in contacting me directly. sin T. J. Connelly Enclosure TJC:bhf 415 N. Main Avenue, P.O. Box 1121, San Antonio, Texas 78205, 210/222-9912 Owned by a KBLCOM Incorporated Company 10 COMMERCIAL FIACE P. O. DRAWER I SC}[ER2Z. TERAS 781540890 AC (210) 658-7065 FAR (210) 659-3204 JITNE G RItAUSE ' DEP[TIY CI1Y MANAGER CIIY SECRETARY April 8, 1993 Debbie Scott Classified Advertising Manager The Seguin Gazette-Enterprise P.O. Box 1200 Seguin, Texas 78155 Dear Debbie: Attached is the franchise ordinance I discussed with you today. According to our charter, this ordinance has to be published in its entirety two separate weeks. I just re-read the charter pro- vision and it would not necessarily have to be on the same day each week - just two consecutive weeks. We would like for it to be published one time next week, whichever day is most convenient for you - then of course one time the follow- ing week. Of course, we hope you are still giving serious consideration to the cost of such a lengthy document as discussed at our first meeting. Thank you for your cooperation. Sincerely, ne G. Krause i City Secretary jgk encs. 53-1'-`) > ........................ _......,,.,,.,,yC6Y5':>'C k°>>RS:SC:: Ra b>:Ji:Jx LS:>:i:<:in:.p:::o.L:..:n....?L>.<...:.::...: ?Lik:>:'n:::.yd.>, . :;k >..r,,.n.<.: <.,_<, 0:0~:..>.'. :. ...>: d... C..<... n: a..<n J....: ;>n:..:.;w>. :::. ~ CJ' ... .. . : .' : .. >: < oC '. Ru :: ' i; ~.e. LL. >:..:e: :? .:: :..:i ... _,5 .,.. :> .:....>':. .. :.. (~Ey. ,~~M11t .:..... '.~ :: ... ..... ' ;~ .»: si :::...: .. .::. ... ...£S..i:.. xb ~ AJ;".x. axok:Y.<Na:O.ty<:'.•_>:<:.::y::~-.:....~y,L.s..:;,...:.:: ..... :.. .: :..:... .....i:.[.: .> .e ~ Jw,SR >'::R?u?;y~<..vi:?u<[>.ud:.x, R:>:.ooR. B><u,S><:~..°.a so,<no o:'?.':::J,>i .. .. : ROU o>.. u;nuJO„: .::i>o. •.. os'a n.l;<RRO. :<ns>.::. ::: 3 ? . u zi:'k.>.:.:: < ...42:<.. DATE MM/D :'r.: ":ES„<>R'o^».>. o;idn: < 3L :.<eob: :..I;R;: ml : :iSi:i ~ J: 0 ni ^ ' ' i:C > n :111W :: .:R~~: ::5 : .. :i.. , : i % .:. .0. , i ..:C... J ,6:::d ,0,: :.:.. :' : i k ? ni 'E ~ .n,.n,n........v.n..<n:.... Y.......v.A. J..C..... .:.nn .................n.:n........ n..[.<.>.,.nv:.....~:::p:<Ji:C>:.i:`[;[n:<J::Ci>'n°S:S:.C.::i<:::u:vin0 : ::.: C:<>.ny,~ c < : , in %k:k~ .:>. 0:' .. :C:.Cnv ....Ve: a:.$nvn:<q:<:S:ii<L:<.: en<.b,. y,.>:.L:.. ......<.>:!>:v>:Ln>:o:<'$;S$:^ ~:..... ,.k:< 09/29/94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JOHN L. WORTHAM & SON, L.L.P. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P O BOX 1388 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR . . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HOUSTON, TEXAS 77251-1388 COMPANIES AFFORDING COVERAGE COMPANY (800) 362-4822 039869-77000-1994A-000018 MBS/RLT 1/6 A CHUBB GROUP WBURED COMPANY (800) 243-0185 KBL CABLESYSTEMS OF THE SWTHYEST, [NC. B AETNA LIFE 8 CASUALTY GROUP (SAN ANTONIO DIVISION) COMPANY DBA PARAGON CABLE C AEGIS P. 0. BOX 7127 COMPANY SAN AN ON 10 TEXAS 78293 D .. ..N : ..:.Sd..:n:.v'r.C........:. : J..>..>.n:..i<5::>y::..ryi.>:>:5::.5:[:,0,.>'..:<.>:.._:<.>.Nn.>".»>.>:.. [<p[o: A<:n:. .. .. ......n:n . , .../~... . . .. ..J..O.. ~: n..i:.Cn< .. ....~C\;.,.. .. .....J.. . .. ..i:Yd'.:4'/.>:h<:..Ji:C'n...: i.4.n.: i>.C: Ci <. ... .. :..n:::<.' v.....s:. .. . ....<:n:... .. n:.,O,:n. , .. ..>..Cn< . ... .... .....[..[n. . ..... :<:: ... ..,..[:.<>:.. ..v..~..0 : J: O:>.. ,di R:ii .:..: ,..J.C I^1.I~ ~~vv .O. .. .. ..v..J..O . ......:ri.....: Ni>.C: , .....C:C ......... n:. .. n >. .,C ...:. ........v .> : ... ..J..O:.C .. i 5.: .nC .. >iCS.:..i. :CS.AS:..4:::5. :>... ><. [:?4'[: .A~. .A .N...< :)... .u..C... Ru. ...<. 0.. .2si"0>;~ .u.:C".. A4: cu: ..o..C v'e>:%Ykys:;o,.' .....s.ik[~Mn..Jk!w ..:.J ~..:..:O.:e..n.>.:o..: .......:.., ....>.e>.C:C .:< ...,..<,...: ....J.:<..: n:.o::n ..u o>.3..e..:: ..o': ...u .C'.: n.... a<6.;.5: .»:...^<.::<n;,,~a,..? :a ::: >:?d'., ..: a[.: :. ...,..n..:... n.e :C'.:.:. .,>< o%C ;Sii:S< . ..<>. u .:: : ... . . n,a<un°n<.n.d :..: : J a . : .> u a< : > ~ ° J _ .. .. . .. ... . .. .. . . ._. . . . . . . , . . , . . ... ,..~:. . . ... .,.:..g .. .«.,<~ ..>.. J>.0:.. o.....?A.,..Qi>.d:. Rr~'RCd. O.g. s R'%n'. °. d3SEJ <E:. a. H.:ie>ln....%° 9i:i,.. ~4>i!~> .Qi ~R~Ab m'~: . . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INBUMNCE POUCY NUMBER PoLICV EFFEC'TNE POUCY IX%RATION UMRS DATE (MMR)DRY) DATE IMM/DDRYI A GEN ERAL LWBIL1fV 35252999 (MN) 70/O1 /94 1O/07/9S GENERAL AGGREGATE I 2 DDD DDD X COMMERCIAL GENERAL LIABILITY 35253DDD (0/S) 1D/D7/94 70/01/95 PRODUCTS-COMP/OP AGG 1 7 DDD OO O CLAIMS MADE ~ OCCUR PERSONAL 6 ADV INJURY 1 1 OOO DDD OWNER'S d CONTRACTOR'S PROT EACH OCCURRENCE 1 i DDD DDD FIRE DAMAGE Uny ms flrs) I 1 DDD DDD MED IXP (Any ons IMrsonl 1 1 D DDD B Av rofROBILE LIABIIm 77 FJ 7730084 SUA (TX) 10/01/94 70/07/95 ANV AUTO 71 FJ 7730085 SUA (0/$) 10/07/94 10/07/95 COMBINED sINGIE LIMB ~ 1 DDD DDD X ALL OWNED AUTOB BODILY INJURY F SCHEDULED AUTOS IPx Pxwnl K HIRED AUTOS BODILY INJURY ~ X NOl40WNED AUTOS IPSr eeeidanU PROPERTY DAMAGE ~ ~~ LUUINITY AUTO ONLY - EA ACCIDENT ~ ANV AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT 0 AGGREGATE IXCE88 LIABLLITY EACH OCCURRENCE / ZS DDD DDD C UMBRELLA FORM X 0279A7A 94 70/01/94 10/01/95 AGGREGATE 1 25 DDD DDQ K OTHER THAN UMBRELLA FORM ~ 8 WORREAB COMPENBATgN AND EMPLOrERe•LNBILRY 71 CK 777585 SSA (CA) 70/01/94 1D/Dl/95 STATUTORY LIMBS 71 CH 717584 SSM (oR) 70/07/94 70/07/95 EACH ACCIDENT ~ 500 000 THE PROmIErow PARTNERS/EXECUTIVE INCL 71 C 717582 SUF (MN) 70/07/94 70/07/95 DISEASE-PoLICY LIMB ~ 500 000 OFFICERS ARE: IXCL 71 C 777$63 SUF (TX) 70/01/94 1O/O7/9S DISEASE-EACH EMPLOYEE ~ SOO OOO OTHER DEBCRIPTNIN OF OPEMTIONBhOCAT10N5NENIQES/SPECULL REMB ALL AERATIONS. •CITY Of SCHERTZ IS INCLUDED AS ADDITIONAL INSURED AS RESPECTS LIABILITY ARISING WT OF OPERATIONS PERFORMED BY NAMED INSURED. L~ :w0,. .. n:. ... ~ e~>.. ... ...v:....... .. ,. . f.... d .:.d>' < o $. /w, LL~~ < o..R O:anO p. n, .a. C..:.: .>:d>.... .9:<y ~ orgx .:<9:..:.d"'. A:V' .a ..V R .~ .. .. .e:.C:..:.. n.. .. ..e..oni. .: .....>..:.. ..e:n .<u:d.k:>.e< .J.. . .: !~^ <O6i:d:. :. v::.:8 :!oi!L .:ui.. ~L~y w.C ,o...be:<C:S:...R>'C J ,.'oyT,`~~' ..o.<o R. ..>/i`. .0 n'. J'. o'•o•. ...o s$, 6%: ~ .:: ~:.n... ..:.:?:F n~..J~.. .~>: 'R.... ...C 0 Pe:„ ~~. ~~.. ,.o, ouE' J<' _ e~' d .a..o . 9 o.r. ..:a:J< 0>.... ° e~a.C R <.R 2'8'J~.3 ° R C ° ' ~ ° ~ ° ~ f ° ~•3 h 9 o ° ~a ~ ~ A ~ O 0 OR .. . . : .n. . ,. Cn:n..>. <a ..... L 6 : e :. ..~!R H ..C: o:....... ...: ,>> :. : n. .. ...:_.... ?nv'nto,: n>a& .0 :< .:' . e~ o8fi?fi°5P .? d?%'o 8fi3nS:9.:~i by Gn<9.' pin~BYrvy SNWLD ANY OF THE ABOVE DESCRIBED PODCIEB BE CANCELLED BEFORE THE CITY OF SCHERTZ IXPYRATIOM DATE THEREOF, THE MBUNNi COM/ANY WNL ItlNtltl(MNi(NNK MAA P. 0. BOX DRAWER i 60 DAYS WRRTEN NOTICE TO THE CERTMICATE HOLDER NAMED TO THE LEFT, SCNERT2, TEXAS 78154 NNXM1pB11MB(YYXIIKXXKYtl10YB(NNY)BNKODU(1NOt1D(KNKQIED(tlJ(Ntl1tl(YMMKJmIKNY tlKXNMIY(XKNNf(XNN tl N X XMItl(XNNMNNIOClXXY00(XKNKNIB(X7(i01(XINBpfNKKINDB(IB( R ED// RFPR~ T ~j 9~ , '~ ~j d/q' OJ2n l,.. :. ,. :..:.::;.,..>:....J>::... . . VVort~m ~j ` , . ,.: ~ ~on . . . .. ~ ~ i , <. ° • L . / :.: ; :J :.i::>::.~ ..:<:k:?kskisr.> ., [<.>:.:Ji:J"<;<J>::.~.>:.:J:<J".i..:J:,:.~::...,..:.::..::.,...:. .: ..~ [~ ., :.C>k.:n.u:u..:.J:.u nk..:...,.p..:...:.C.'.: ....u. >.... <...<.:..:.[::.<...:.,...::.e.<?'d::.Li:E~>:?>: , ::yy~NN~ .. :.:. ' .?::<on'~>'?.;... ..:,[.: ... .. ..J..J.:..:.... ..J..e>.:. .. ....<::,<.:..... .....>.... ....::...a.?:.. <isa::'d,.d:..:.,:.:e>:?a:ki:^>:c•e:.:?~~ :J . yo': n.<. n:...~uq .. ,~. .::.gin.. ,Y.ISM~~~.j~,,j yI(y}}.:.k. .. ..5. a.. n..R.J J: n...:..:. :. Y.-. :?RO ..L.,o.::.e: C:,. ..o..>.ni. a.':o'>:y$.. ..~~.,C ~.~ rl1f...i~i~~>.jjilW~lTT. ..e>rn:SK.:C>:<.>:?:C:::<.R<.>:<.>:v>\.:. ...n'J.:.i:J>:..<.......~..C/u•;,C,<>.. u>R C. q.v' $~, .......:.........:...........i..........i..a.:°:: n..:n.<R..;...:u ...::... .>..:....... ..:..>......n....>:.,:.0:.. >.<:... ,:... ..n O,..R::~dT n::0'Fn .. .:: ~YK~~(R ~:!'~~f.t ~1 ~~~~~~ ~W .s .: DATE IMM/DD/YYI :. ~:::: : ~: PRODUCER ~ :. " ~' 09/28/93 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JOHN L. WORTHAM & SON, L.L.P. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. BOX 1388 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HOUSTON, TEXAS 77251-1388 COMPANIES AFFORDING COVERAGE COMPANY (800) 362-4822 039869-77000-000018 BPF/RLT 1/3 A CHUBS GROUP INSURED COMPANY (BOO) 243-018$ KBL CABLESYSTEMS OF THE SOUTHWEST, B AETNA LIFE & CASUALTY GRWP INC. (SAN ANTONIO DIVISION) COMPANY DBA PARAGON CABLE C AEGIS P. 0. BOX 1121 COMPANY SAN AN ONIO TEXAS 78293 D COVERA~TES :; ~ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE~BEEN ISSUED TO THE INSURED ~ INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITI NAMED ABOVE FOR THE POLICY PERIOD ON OF ANY CONTRACT OR OTHER D OCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY , HAVE BEEN REDUCED BY PAID CLAIMS. CO LTA TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS OF DOLLARS DATE (MMA)D/YVI DATE (MM/DD/YYI LIMRS GEN ERAL LIABILITY BODILY INJURY OCC 8 A X COMPREHENSIVE FORM 352$3000 10/01/93 10/01/94 BODILY INJURY AGG 8 X PREMISES/OPERATIONS UNDERGROUND PROPERTY DAMAGE OCC 8 X E%PLOSION & COLLAPSE HAZARD PROPEflTV DAMAGE AGG a X PflODUCTS/COMPLETED OPER BI & PD COMBINED OCC a 1 OOO X CONTRACTUAL BI d PD COMBINED AGG 6 1 OOO X INDEPENDENT CONTRACTORS PERSONAL INJURY AGG 8 1000 X BROAD FORM PROPERTY DAMAGE X PERSONAL INJURY AUT OMOBILE LIABILITY B ANV AUTO AILO 71 FJ99767$ 10/01/93 10/01/94 BODILY INJUflV IPer person) 8 X WNED AUTOS (Pirva[e Passl 71 FJ99656$ 10/01/93 10/01/94 X ALL OWNED AUTOS BODILY INJURY a (Other than Private Passenger) IPer accitlenU X HIflED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE 8 GARAGE LIABILITY BODILY INJURY & PROPERTY DAMAGE 8 COMBINED 1000 EXCESS LIABILITY EACH OCCURRENCE a 2$000 C UMBRELLA FORM X0279A1A-93 10/01/93 10/01/94 AGGREGATE x2$000 X OTHER THAN UMBRELLA FORM 8 WORKE115 COMPENSATION AND EMPLOYERS'LIABILITY STATUTORY LIMITS B THE PROPHIE O 71 C 714070 SUF 10/01/93 10/01/94 EACH ACCIDENT 8 SOO f flI INCL --' PARTNERS/EXECUTIVE DISEASE-POLICY LIMIT 8 $OO OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE a $OO OTHER DESCRIPTION OF OPEflAT10N5/LOCATIONS/VEHICLES/SPECIAL ITEMS ALL OPERATIONS. *CITY OF SCHERTZ IS INCLUDED AS ADDITIONAL INSURED AS RESPECTS LIABILITY ARISING WT OF OPERATIONS PERFORMED BY NAMED INSURED. CE#'1'1FtCA'TE HCtLb~R CIkNCELL#1`IQ;N . SHOULD ANY OF THE ABOVE DESCRIBED POLICIFb BE CANCELLED BEFORE THE CITY OF SCHERTZ EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL P. 0. BOX DRAWER 1 bO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TXE LEFT, SCHERTZ, TEXAS 781$4 BUT FAILURE TO MAIL SUCN NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPgEBENTATIVEB. I ' AUTHOR E/D/ gEPRES NT~T'~~j / /1 /1 ohn oC VVarEham ~ ~ore~ oC.oC Agt 1 ~ C~f~3) (~ l4>"iTf11? ~t?RPpAATtQAT 1 3 :.: :.. .. :......;.o.., o:.. ...:.; : <:. :., .. :. ~t7 1~ l M :: :.s..: TE IMM/DDNYI ~E ., ,.:. ~ . _ ..:......... .:.....:: _ ..~ .::::..... :............:.: .:. ..... _ ....... ...... ~,~=~Y~:; `~ ~~ ~~~ " '~ ~~~ ~~ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JOHN L. WORTHAM & SON, L.L.P. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P O BOX 7388 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR . . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HOUSTON TEXAS 77251-1388 , COMPANIES AFFORDING COVERAGE COMPANY (800) 362-4922 039869-77000-000018 RRL/RLT 1/1 A CHUBS GRWP INSURED coIAPANV (800) 243-018$ KBL CABLESYSTEMS OF THE SOUTHUEST, B AETNA LIFE 8 CASUALTY GROUP INC. (SAN ANTONIO DIVISION) COMPANY DBA PARAGON CABLE C AEGIS P. 0. BOX 1121 COMPANY SAN AN ON10 TEXAS 78293 D '~iQii.~~ ~: ' '~ ~: ~.... .: ~ .:.....> ~.. '` _.. _:: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM Ofl CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY , HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE PODCY NUMBFA POUCY EFFECTIVE POLICY IXPIMTION ALL LINTS IN TNOUSANDS OF DOLLARS DATE IMM/DDNYI DATE (MMAWNY) LIMRB GEN ERAL LIABIIRY BODILY INJURY OCC 1 A X COMPREHENSIVE FORM 3$2$3000 10/01/93 10/01/94 BODILY INJURY AGG I X PREMISES/OPEMTIONS UNDERGROUND PROPERTY DAMAGE OCC i K EXPLO SION b COLLAPSE HAZARD PROPERTY DAMAGE AGG / X PRODUCTSA:OMPLETED OPER BI d PD COMBINED OCC / 1000 X CONTRACTUAL BI b PD COMBINED AGG I 1 DDD X INDEPENDENT CONTRACTORS PERSONAL INJURY AGG 1 1 DDD X BROAD FORM PROPERTY DAMAGE X PERSONAL INJURY AUT OMOBNE UABNITY BODILY INJURY I B ANV AUTO 71 FJ99767$ 10/01/93 10/01/94 (Per pereanl X ALL OWNED AUTOS IPrNate Pawl 71 FJ99656$ 10/01/93 10/01/94 X ALL OWNED AUTOS BODILY INJURY p i IDIMf then Private Pefsenpeq ( er eccMenU X HIRED AUTOS X NONAWNED AUTOS PROPERTY DAMAGE 1 GARAGE LIABILRV BODILY INJURY d PROPERTY DAMAGE t COMBINED 1000 EXCESS W&IITY EACH OCCURRENCE /25000 C UMBRELLA FORM X0279A1A-93 10/01/93 10/01/94 AGGREGATE 125000 X OTHER THAN UMBRELLA FORM I WORKERS COMPENSATN)N AND EMPLOYERi LIneAITr STATUTORY LIMBS 3 B 71 C 714070 SUF 10/01/93 10/01/94 EACH ACCIDENT t $00 THE PROPRIETOIV PARTNERS/EXECVTNE INCL DISEASE-POLICY LIMIT i SOO OFFICERS ME: EXCL DISEASE -EACH EMPIOVEE / SOO OTNER DESCRIPTION OF OPERATIONBAOCATIONSNENICLES/SPECUIL REMS ALL OPERATIONS. •CITY OF SCXERT2 IS INCLUDED AS ADDITIONAL INSURED AS RESPECTS LIABILITY ARISING WT OF OPERATIONS PERFORMED BY NAMED INSURED. .............:...:..:.:... :~... .. .. .:. .;~ .:. ::::..: :::.:.....a::.. ...... :: ol;~ :>::_:; >.;>::> .... 8HOULD ANY OF THE ABOVE DESCRIBED iWLK:1E6 HE CANCELLED BEFORE THE CITY OF SCHERT2 IXPNIATION DATE TNEREOF, THE ISSUING COMPANY WNL ENDEAVOR TO MML P. 0. BOX DRAWER 1 6O OAYH WRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SCHERT2, TEXAS 781$4 WT FANURE TO MAN SUCN NOTICE SHALL MIPOHE NO OBLNiAT10N OR IWILRY OF ANY KIND UPON THE COMPANY, RS AGENTS OR REPRESENTATIVES. AUTNO ED// REPRES NT~T,~~j ,/ n /~ ..:...::.:::.1 ...:::::::.:.:.:.<:<:::-:;;:;::<::,>:<:;:_:.;:.:::.::::.»».::;:.:;::.::..>:>.::.;:.::::.:.:..:._::::.::::.::..,.:..:::::. ohn d. VVorLham ~~on d.oC. :...:.:,..: :: , p . . . . NOTICE OF City of Schertz P. 0. Drawer I Schertz, Texas 78154 FIDERAL INSURANCE COMPANY Cablevision Franchise Bond dated on or about August 31 OR TERMINATION Bond No. Date: November 1 1993 CERTIFIED MAIL• REGISTERED MAIL _ RETURN RECEIPT REQi„~;ED Surety, upon a cer.n 8123-07-49 19 83 in your favor, in th amount of Fifty Thousand and No/100----------------------- $50,000.00 ) covering KBL CABLESYSTENIS OF THE SOUPI-NdFST IP7C. as Principal, hereby notifies you that it has elected to cancel/terminate said bond with such December 21, 1993 cancellation/termination to become effective FEDERAL INSURANCE COMPANY Mr. Robert Hughes cc KBL CablesysteHU of the Southwest, Inc. Principal c% KBLCOM Incorporated address: P. O, Box 4567 Houston, Texas 77210 By ~ `/ ~ u ( C~ LY~n~• Ma S Attorney-in-Fact `. OBLIGEE: Please acknowledge receipt of this Notice of Cancellation and the date cancellation will be effective. Please complete the attached copy and return in the enclosed postage paid envelope to: John L. Wortham & Son Bond Department P. O. Box 1388 Houston, Texas 77251 Your Notice of Cancellation received on: ~~~ ~ 3 19/ 3 We have arranged to cancel said bond effective: ~ ~ ~~ A.D. 19~- Bond is released as to past, present and future liability: Yes ~ No Remarks: 8123-07-49 lm ACCEPTED: / itle JLW-472 Rev. 5/22/90 REINSTATEMENT NOTICE City of Schertz P. O. Drawer I Schertz, Texas 78154 Date: Decker 28, 1993 CERTIFIED MAIL: x REGISTERED MAIL: RETURN RECEIPT REQUIS"TED FF~ INSiIRANt~' tXIMPANV ,Surety, upon a certain C'aY~l vi Ri nn Frant~hi ca Rnnrl ,Bond No. $123-07-40 dated on or about August 31 , 19 83, in your favor in the amount of Fifty Thousand and No/100---------------------__ ~~50,000.00 ~ KBL CABLESYSTENS OF THE SOUTHWEST INC. covering ~ as Principal, heretofore cancelled effective Dece[tttJer 21, 1993 is hereby reinstated and remains in full force and effect as of date issued. Mr. Robert Hughes KBL Cablesystems of the Southwest, Inc. cc c/o KBLCOM IncortJOrated P. 0. Box 4567 Houston, Texas. 77210 FEDERAL INSURANC~EI~ODi~ANY LyktrtJB. Ma es Attorney-in-Fact OBLIGEE: Please acknowledge receipt and acceptance of this Reinstatement Notice on the attached copy and return in the enclosed postage-paid envelope to: John L. Worsham & Son Bond Department P.O. Box 1388 Houston, Texas 77251 Your Reinstatement Notice received on: ~/~ •- - ~ ~ , 1 g / We have reinstated this bond as of: 8123-07-49 lm JLW~d66 ~n~1 _ PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS, County of Guadalupe ORDINANCE NO. 93-F-9 AN OF7~tNANCE GRANT- ING A FRANCHISE TO KBL CABLESYSTEMS OF THE SOUTHWEST, INC. D/B/A PARAGON CABLE TO FURNISH CABLE TELEVISION AND RE- LATED SERVICES AND SETTING FORTH THE TERMS AND CONDI- TIONS THEREOF. Passed, approved and adopted the 18th day of May, 1993. June G. Krause, Ciry Secretary ~,r. ORDINANCE NO. 93-F-8 AN OR~GINANCE GRANT- ING AFRANCHISE TO KBL CABLESYSTEMS OF THE SOUTHWEST, INC. D/B/A PARAGON -0ABLE. TO FURNISH CABLE TELEVISION AND RE- LATED SERVICES AND SETTING FORTH THE TERMS AND CONDI- TIONS THEREOF. Passed, approved and adopted the 1$th day of May, 1993. June G. Krause, Ciry 3ecretar~- Before me, the undersigned authority, on this date personaIIy appea~~~~oy. ~' ' C~ /~ ~- mown to me, who, beingby me duly s:~-orn, on his oath deposes and says that he is the publisher of The Se__~uin Gazette-Ent`:-prise, a newspaper published in said caunty; that a copy of the wiibin and foreboing ~~ C'~ was published in sad newspaper ~ times before the reT.uu day named therein, such publica ons being on the following dates: and a newspaper copy of which is hereto attached. -~~~ Sworn to and s•.ibsc~ed before me, this ;~ dap o~E%~ AD, I9 ~_ , ' Pt v MARG -`fit.. S~'.,~ `~'-T 4 ~1gKSON • : ~~ ~' t No ~•v ~,„I,,;~ ~ Nat~ry 'c, Guadalupe Coup, Teas 7 s~ ~T:: or . x~ rT.,...:5~ 1=~ ~.. i I -.~. I ~ '. ; ,: ,.. ~.. ~.~.-: CUSTOMEii REF' ~CLARED VALUE' t. 2. . "" ,y, «_-~,,,,,._. ~.. s.^y,• COD S ~DE ~ '~ 'TpilE: DATE C AORGES > s i be NYde Only }Or ION Or Cpnege Of gGOde CerriBd, WhICh eheil IIOf e>•cNd 8 vdue of $SD.00 }Of gOOGe GI ~ cf , ,un1sN 1 higher value b dacmred GY Ehe euMomer in writing. .-- __.. -__ _. _ -.T ~._- __ City of SchertZ Receipt No 4'7552 i ~~ /9 Is~3 ~ Received from ~ o I I ~ . ~ Dollars Code No. s~ ~ f, J~8%~`f Amount Paid ~~ ~ 9 "r CITY OFFICIAL a. wwtE-onrolwu. YELLdN+"OFFICE COPY PNe(-CONSIGNEE t}ee GOLD-BNIPPEP J-